Estate of Soforenko

Willard D. Horwich for Objector and Appellant.

Leo Branton, Jr., for Petitioner and Respondent.

COLLINS, J. pro tem. [fn. *]

Appellant's notice of appeal purports to be "from the order and judgment, on October 7, 1966, known as Item 501 and Item 502 heard on October 6, 1966, ... and noticed to Virginia Richmond on October 11, 1966, ..." The record shows that the matter of the executor's first "Account Current and Report ..." was heard on October 6, 1966, that no hearing was had or order made on October 7, 1966; that a formal order titled "Decree Settling First Account Current" was signed and filed on October 19, 1966. At oral argument appellant's counsel advised the court that the intended appeal was from this latter order (called "Decree"), and we shall so treat it. [fn. 1]

[1] Appellant attacks the jurisdiction of the court on the ground that the matter was heard and determined by a commissioner sitting as judge pro tempore without compliance having been had with a constitutional provision for a stipulation by the parties litigant. (Cal. Const., art. VI, 5.) [fn. 2] The record shows that, at the hearing, appellant was represented by an attorney who noted his appearance on…